What is the Age Discrimination in Employment Act (ADEA)?

The Age Discrimination in Employment Act (ADEA) is a federal law that prohibits employers from discriminating against people 40 years of age or older in regards to hiring, firing, pay, promotions, or other job-related activities. This law applies only to employers who employ 20 or more employees for each working day in each of 20 or more calendar weeks in either the current or preceding calendar year. The ADEA recognizes that age discrimination can occur in many ways, from direct age-based job discrimination to the denial of benefits or other terms of employment because of age. It also recognizes the existence of certain practices that have a discriminatory effect on older workers, such as hiring young workers over older ones, paying significantly lower wages to older employees, and creating an uncomfortable work environment for older workers which may lead to their resignation. The ADEA ensures that employers do not discriminate against older workers by setting a minimum age limit of 40 or above for hiring new workers. It also requires that employers provide equal benefits and opportunities to older workers as they do to younger workers, such as equal access to training and development programs, job descriptions and job security. It also ensures that employers do not create a hostile workplace environment by making jokes about someone’s age or treating them differently because of their age. In the state of California, the ADEA is enforced by the California Department of Fair Employment and Housing. Additionally, both state and federal laws protect workers from other forms of unjust employment discrimination, such as discrimination based on gender identity or sexual orientation.

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What is the Age Discrimination in Employment Act (ADEA)?

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